Is VA disability considered to be a ‘cash cow’ in the legal profession? The veteran’s ex-spouse and her attorney both gets a piece of the veteran’s benefits. The judge lets this happen, and they allow attorneys to treat VA disability as ‘cash cow.’

As mentioned earlier, VA disability is not a divisible property in divorce, so neither the ex-spouse nor their attorney could touch it and make money out of this VA pay. Yes, it can be considered as income for support purposes, but may not be garnished unless they are paid to the military retiree who has waived part of their retirement to get VA benefits.

The ex-spouse can only get “a piece of your veteran’s benefits” if the veteran waived part of their retirement pay; and if the judge “lets it happen” under that context, then he or she is just acting in accordance with federal law. But if the judge made a mistake and issued an incorrect ruling, then the other party can file for an appeal to “correct” the judge’s mistake.

Share this:

Related

Would you like to discuss your legal matter?

PHONE

Contact UsRECEPTION

Our receptionist will assist in scheduling new and existing clients for all offices. For initial consultations we will ask you a few questions and then find the best time for you to talk to one of the lawyers that best fits your legal matter.

Call us or use the email form and we will follow up with you right away.

EMAIL

NAME:

EMAIL:

PHONE:

MESSAGE:

The Law Offices of Tom Hogan will provide you with personalized attention and guidance. Protecting your rights is our main objective. We have been representing clients for the past 30 years and our experienced team of attorneys will advise you of the legal consequences of every decision you take.